The 9th U.S. Circuit Court of Appeals has held that a teacher’s statements on behalf of disabled students were “protected activity” under the ADA, and that the teacher had standing to sue for retaliation under the ADA and Section 504 of the Rehabilitation Act.
The U.S. Supreme Court recently held that an employer did not violate Title VII of the Civil Rights Act by granting limited service credit for purposes of calculating retirement benefits for pregnancy leaves taken before Title VII was amended in 1978 by the Pregnancy Discrimination Act (PDA).
In AT&T Corp. v. Hulteen, the United States Supreme Court was asked to determine whether employers violate Title VII of the Civil Rights Act by not fully restoring service credit for pregnancy leaves taken before the 1978 passage of the Pregnancy Discrimination Act (PDA) for employees who retire post-PDA.
In a 7-2 decision, the Supreme Court on Monday decided that an employer's calculation of pension benefits that gave less retirement credit for pregnancy leave than for other medical leave, based on a rule applied only prior to enactment of the Pregnancy Discrimination Act ("PDA"), did not violate Title VII of the Civil Rights Act.
In AT&T v. Hulteen, the US Supreme Court held that because Congress did not intend the Pregnancy Discrimination Act (PDA) to apply retroactively, the pension benefit calculation used by AT&T prior to the enactment of the PDA was lawful and must be considered a bona fide seniority system immune to Title VII challenges.
On May 18, 2009, the Supreme Court of the United States issued its opinion in AT&T v. Hulteen.